https://www.taxtmi.com/caselaws?id=761630 The NCLAT set aside an AA order directing a corporate debtor to vacate office spaces, finding the order unreasoned and non-speaking. The tribunal held that Section 14(1)(d) creates an absolute bar on property recovery by owners/lessors from corporate debtors during moratorium. The CoC had not taken a final decision regarding vacation through proper voting, and the RP's consent was his own decision without CoC confirmation. The AA failed to examine the maintainability of eviction applications under Section 14(1)(d) provisions before passing the order based merely on RP's consent. The case was remanded to AA for comprehensive examination of all issues within four weeks. en-us Tue, 12 Nov 2024 00:00:00 +0530 Wed, 13 Nov 2024 13:06:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761630 The NCLAT set aside an AA order directing a corporate debtor to vacate office spaces, finding the order unreasoned and non-speaking. The tribunal held that Section 14(1)(d) creates an absolute bar on property recovery by owners/lessors from corporate debtors during moratorium. The CoC had not taken a final decision regarding vacation through proper voting, and the RP's consent was his own decision without CoC confirmation. The AA failed to examine the maintainability of eviction applications under Section 14(1)(d) provisions before passing the order based merely on RP's consent. The case was remanded to AA for comprehensive examination of all issues within four weeks. Case-Laws IBC Tue, 12 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761630